HBR Construction is committed to quality, excellence, and craftsmanship and we assure that your project will be executed in accordance with the specifications outlined in our proposal. While we consider these terms and conditions a formality, we understand their importance in safeguarding all parties involved. Our proposals, bids, and contracts make reference to specific sections of this document.

HBR Construction consistently delivers a detailed and comprehensive bid proposal or estimate, which is also regarded as our binding contract. This document will be sent to you via email or mail. Any electronic correspondence agreeing to this bid will serve as a signed contract. We retain the right to withdraw a proposal if not accepted within 15 days. Additionally, we reserve the right to void and/or modify a proposed bid amount due to significant material cost increases(see “Material Increase”).

Your payments will adhere to the schedule outlined in the bid proposal/contract sent to you via email or mail. Failure to make timely payments, according to the provided schedule, may result in work stoppage and/or legal action. Additionally, if payment in full is not received by HBR Construction within 5 business days of completion, a finance charge of 1.25% per month (15% APR) and a $75 per month processing fee will be added to the total amount due, to the extent allowed by law.

In the event the customer fails to pay as required by the provided contract payment schedule, HBR Construction shall be entitled to recover from the customer any fees or costs incurred, including reasonable actual attorney fees and collection agency fees, in the demand, commencement, and/or prosecution of collection activities.

All credit card payments will incur a percentage fee based on the amount paid via credit card. The specific fee is provided at the bottom of your proposal/contract. If, for some reason, there is no listed percentage at the bottom of your contract or you have a verbal agreement with us, then the percentage fee will be at least 3% of the total amount paid. Otherwise, see the fee listed at the bottom of your contract. 

Please understand that we operate on a tight schedule, and any project cancellation disrupts our plans significantly. In the event of a cancellation of an agreed-upon contract, a minimum charge of $500 or an 8% fee of the total bid amount will be billed to you. The higher of the two amounts will be charged.

If the property owner decides to terminate this contract under any circumstances, full payment to HBR Construction for all completed work to date will be due upon receipt.

While HBR Construction always strives to maintain punctuality, proposed project dates may be subject to variation due to weather and other factors beyond our control. You will be notified of any changes in project dates as soon as we are aware of such changes.

HBR Construction always does our best to match any requested colors. Colors displayed in colored concrete charts and/or photo galleries may vary. Such color variations are normal and can be expected. Several factors influence the final color of concrete, including weather conditions, application methods, variations in cement and aggregates, and cure time. The final concrete color will be achieved after a complete curing process, typically around 30 days after the concrete is poured. HBR Construction is not liable for color variations.

Sealer is a crucial ally for your new concrete. Having invested a significant amount of your hard-earned money in new concrete, it’s advantageous to keep it protected. While we typically recommend sealer to your concrete, ensuring it remains sealed is equally important. Sealer naturally wears over time, typically within 2-5 years. An easy way to check if your sealer has worn off is to pour water on the concrete. If the concrete absorbs the water, then your sealer is likely gone. Properly sealed concrete will leave water beaded on the surface. Unsealed concrete, especially newer concrete, is susceptible to freeze/thaw and salt damage. For DIY enthusiasts, pressure wash and reapply the appropriate concrete sealer. Otherwise, contact a professional to clean and reseal your concrete. 

We always do our best to not damage any area of our customers’ property. Unless explicitly stated in the provided proposal/contract, HBR Construction is not obligated to repair any damaged areas along our formwork, fix ruts created, or restore damaged lawns. HBR Construction does not assume responsibility for incidental damage to existing landscaping features such as flowers, bushes, trees, shrubs, etc. 

Unfortunately, all concrete cracks. We always try to anticipate cracking and cut ‘control joints’ in areas susceptible to cracking. These control joints are the straight lines you see cut in your concrete. They create a weak spot in the concrete, encouraging controlled cracking and helping to conceal cracks that were likely to occur anyway. While we are mostly successful in anticipating cracks, sometimes areas get missed or cracking occurs unexpectedly. Most hairline cracks do not compromise the integrity of your concrete. Again we cut control joints asking your concrete to crack. If your concrete happens to crack outside of one of our control joints, we’ll do everything within reason to address the issue. However, it’s important to note that, due to factors beyond our control, HBR Construction does not provide a warranty against concrete settling, heaving, scaling, spalling, discoloration, or cracking of any kind.

All materials are guaranteed to meet the specifications outlined in the provided contract. All work will be carried out in a workmanlike manner, adhering to the standard practices accepted by the American Concrete Institute. However, it’s important to note that, due to factors beyond our control, HBR Construction does not provide a warranty against concrete settling, heaving, scaling, spalling, discoloration, or cracking of any kind. That said, we’ll do everything within reason to address any issue that may come up within one year of the work invoice date.

The customer is responsible for verifying that the proposed work falls within the property lines and is in compliance with zoning regulations. It is the customer’s responsibility to secure any required permits, including the building permit, before the projected job start date.

Any concerns related to substandard work, property damage, cleanup, or other issues must be reported within 15 days of the incident. Kindly communicate these concerns by sending a certified written letter to our remittance address. We retain the right to address and rectify any valid issues within 30 days upon receiving the notification.

HBR Construction maintains comprehensive general liability and vehicle insurance and is duly licensed and bonded to meet all necessary requirements. Employees are covered by Worker’s Compensation Insurance. Customers are advised to maintain their homeowners or other relevant insurance coverage.

HBR Construction shall be entitled to additional compensation from the Customer when the price for any materials to be used on the Project increases 10 percent (10%) or more between the time the Contract is signed and materials for the project are purchased.  In such a case, the Customer shall pay to Contractor, on request, all sums by which the cost to the Contractor for any item of materials has increased beyond 10%.  This would apply, but not be limited to price increases in lumber, plywood, rebar, concrete, gravel, fuel, and any other concrete related products or materials. Contractor is entitled to demonstrate this price increase through the use of quotes, supplier list prices, invoices or receipts, when requested.

HBR Construction bases its bids on expected and typical construction standards. However, unforeseen situations may arise, requiring adjustments to the bid. This includes the removal of unstable clay, mud, or wet earth, as well as stumps and roots that could hinder proper sub-base compaction, leading to settling, heaving, and undesirable cracking in new concrete. Additionally, adjustments may be necessary for past concrete pour thickness that exceeds normal standards, such as sidewalks, patios, or similar light-duty concrete walkways thicker than 5 inches, or residential driveways or roads thicker than 7 inches. 

The customer acknowledges that certain portions of this Agreement may be subcontracted to another party, or exclusively to companies qualified to execute the work specified herein and capable of meeting HBR Construction’s standards. All subcontractor work will be supervised by HBR Construction staff.

AS REQUIRED BY THE KY LIEN LAW, HBR CONSTRUCTION HEREBY NOTIFIES THE OWNER THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE CONSTRUCTION ON THE OWNER’S LAND MAY HAVE LIEN RIGHTS ON THE OWNER’S LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO HBR CONSTRUCTION, ARE THOSE WHO CONTRACT DIRECTLY WITH THE OWNER OR THOSE WHO GIVE THE OWNER NOTICE WITHIN SIXTY (60) DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION. ACCORDINGLY, THE OWNER WILL PROBABLY RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR AND MATERIALS FOR THE CONSTRUCTION AND SHOULD PROVIDE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY (SUCH SIXTY-DAY NOTICES ARE NOT REQUIRED UNDER CERTAIN CIRCUMSTANCES). HBR CONSTRUCTION AGREES TO COOPERATE WITH THE OWNER AND THE OWNER’S LENDER, IF ANY, TO ENSURE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID FOR ANY WORK PERFORMED BY HBR CONSTRUCTION OR ITS SUBCONTRACTORS.

In the event that either party is unable to perform its obligations under this Agreement due to circumstances beyond its reasonable control, such as acts of God, natural disasters, fires, floods, earthquakes, explosions, pandemics, strikes, labor disputes, governmental actions, wars, terrorism, or other similar unforeseen events (hereinafter referred to as “Force Majeure Event”), the affected party shall be excused from performance for the duration and to the extent of the Force Majeure Event. The party affected by the Force Majeure Event shall promptly notify the other party in writing of the occurrence of the Force Majeure Event and its expected duration, providing reasonable details regarding the nature of the event and its impact on the affected party’s ability to perform under this Agreement. During the period of the Force Majeure Event, the obligations of the affected party under this Agreement shall be suspended, and the time for performance of those obligations shall be extended for the duration of the Force Majeure Event. The parties shall use reasonable efforts to mitigate the impact of the Force Majeure Event on the performance of this Agreement. If the Force Majeure Event continues for a period exceeding [specified number] days, either party may terminate this Agreement without liability, provided that the party seeking to terminate gives written notice to the other party. Notwithstanding the foregoing, the party affected by the Force Majeure Event shall make all reasonable efforts to resume full performance under this Agreement as soon as reasonably practicable after the Force Majeure Event has ceased.